PandHandJ Vs Clydesdale Bank

[pandhandj]

HI everyone, I've been follwing a few threads for a while now, but this is my first post ever on the net! Please be gentle with me.

 

Today I recieved an answer to my SAR that I sent to the Clydesale on 1/11/06. They say that they will provide me with my statements, but that

 

"disclosure of data relating to manual intervention on your account. This is not data that you are entilted to recieve...no such disclosure will be made"

 

Is this correct?

 

On another note, I would be interested in buddying with some one who is starting a claim against the CB and who lives in Scotland. If anyone fancies it, please let me know.

 

regards

 

Paul

[sajabu2003]

This is a standard reply about the manual interventions but it seems that the advice at the moment is to not worry about it.

 

Good luck with your claim

 

Sarah.

[pandhandj]

sajabu2003,

 

thanks for the quick reply

 

Paul

[Springer]

Welcome to the site Paul and all the best with your claim!! I got a similar response from the halifax re: the manual intervention bit, so think it is pretty standard across the banks.

 

xox

[caro]

We'll all be your buddys Paul. Take a look at some of the other threads and if you spot someone at a similar stage just post on their thread as it's likely they would like the support too.

 

BTW I never posted on a forum before this either and I'm on over 4,000 posts now. I really must get a life.

[pandhandj]

Thanks springer and caro - I'll wait for my statements and then see what the total comes to, then I'll get the Prelim letter to them.

[pandhandj]

HI guys,

I am filling in my Prelim letter but I am a little confused with the part -

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken.

I have calculated the total amount taken, but I am unsure about the o/d interest part - does anyone know if this is "SC PERIOD TO..." on my CB statements?

cheers

Paul

[caro]

It is not necessarily the full amount of interest on your overdraft, just the proportion that relates to your unlawful charges.

[pandhandj]

hi caro,

 

i think this SC stuff is the interest on the charges as there is also another interest charge, but this is only pennies compared to £1500 with the SC stuff,

 

Paul

[caro]

I am more familiar with Yorkshire than Clydesdale, but I am fairly sure that it is claimable. I know it has been discussed on lots of other Clydesdale threads but the only name I can think of at the moment is JMio. As I recall it only appears in the months folllowing being over your overdraft limit, so is a penalty. Check your statements and see if that's the case. If so claim it.

[pandhandj]

Caro - you've convinced me! I've already read most of JMio's threads so I know the bit you are talking about. I think it's just nerves getting the better of me.

 

I'll get my Prelim letter sent in the morning including these charges.

 

thanks

 

Paul

[caro]

Go for it Paul. It is daunting and you are in for a long fight, but you have got right on your side so don't be daunted. We're all right here with you.

 

By the way, have you got the daily charges too?

[pandhandj]

Hello all,

 

just to let you know that I may have set a record for a quick response from a bank!

 

I handed in my Prelim letter yesterday afternoon at about 2pm and got a standard no response in the post this morning!!!

 

But it still takes 3 - 5 woking days to electronically move money between accounts. Hmmmmm???

 

Anyhoo, LBA will be handed in tomorrow.

 

Paul

[ymcmurtrie]

Hi Paul,

I live in Scotland so will help you out where possible. As for the service charges, I know the question has already been answered for you, But if you look on my older thread "YMcMurtrie V Clydesdale bank" you will see that my first claim (I have three - one now won) was in Service charges only. I didnt have any returned direct debits on that account, but did have £100 worth of "service charges" at £22.50p a time, so thats what my first small success was for, and it took only 1 month to re-claim the money, from the date of my first "gimmie my money back" letter - to the date they put the full £100.00p in my account.

 

So good luck, and dont let them tell you that you cant claim it back, because if you need proof, i'll edit the personal details from my letters and send them on to you

 

Yvonne

[pandhandj]

Hello all,

 

I have been discussing my claim with some like minded friends and I am now considering taking a summary cuase action instead of small claims as my total reclaim is £2730 + interest. (2 claims at least!)

 

I have been trawling the scottish courts website to try and find what the differences between small claims and summary action are, with regard to expenses, as I am told that they can be greater in summary action.

 

In the courts web site, I have found reference to an "approved table" for expenses, but I havent managed to actually find the table, so I can work out what I might be letting myself in for.

 

If anyone knows where this information can be found, could they let me know?

 

thanks in advance

 

Paul

[pandhandj]

With regard to my last post, about possibly making a summary cause claim. Has anyone actually tried this with the CB yet? As going first does give a slightly nervous feeling!

 

cheers

 

Paul

[ymcmurtrie]

Hi Paul,

I dont know if anyone has done this yet, However - they rejected my claim for money, so I'm about to write again with a more stern letter this time with the added "I will start court proceedings without further notice if I dont not recieve a full refund within ............"

 

If they ignore that, and I expect they will, then I will be taking my claim to a small claims court. From what I have read on this site and others, the court officials are all really easy to deal with, and plenty of people on this site have had to go down that route.

The only advice I can give you is if you are a member of a union, try speaking to your union lawyers to see if they can give you any advice - this, in the case of my own union, is free. So always worth thinking about. If not, try Citizens advice, and dont forget. There are plenty of people behind you here

 

Best of luck and keep us informed

[pandhandj]

Yvonne, great idea about my union's lawyers. Free advice is the best kind!!!

 

The 2 weeks from my LBA finished yesterday, so I intend to file at court tommorow or early next week, at the latest. I'll try to do some reading up today and make my decision on small Vs summary, but I've got a 3 year old wanting to make cookies this morning, so the reading up may have to wait.

 

I'll let you know how I get on,

 

Paul

[pandhandj]

Got a response to my LBA this morning, from Neil McKirdy - "I hope to respond to your complaint shortly" - looks like the same old same old!!!

 

All this letter did was to make me even more annoyed with the CB. So I went to my local sheriff court (Greenock) this afternoon and filed a summary cause action against them!

 

The court staff couldnt have been more helpful and directed me to the CAG and Govan Law Centre websites! The lady also said that they have had quite a few cases against banks in Greenock, but that not one of them had been defended. (but she didnt know if any where against the CB).

 

So now I start studying and await my return day and heaing date.

 

No doubt I'll be back soon in panick

 

regards

 

Paul

[pandhandj]

All,

 

got papers back rom sheriff court today, return date is 29/01/07 and calling date is 05/02/07. I'm off to the local sheriff's officers tomorow to give them the doc's they require so that they can serve the summons on the CB.

 

Also, I got a letter from Neil McKirdy today, which basically says "accept this offer as full and final settlement or we may counter claim", blah, blah, blah.

 

I think I will take my response round to him in person in Waterloo St. You never know, I may be able to have a couple of quick word's with him while I'm there. Anybody like to hazard a guess what my couple of words will be?

 

I'll keep you posted on developments

 

regards

 

Paul

[pandhandj]

All,

 

I am in court of Monday 5th Feb for my initial summary action hearing. Got an offer from the CB today offering the amount claimed + court fee but only £12 quid interest (8% interest works out at approx £500). The wording of the letter implies that I am being ridiculous by asking for the statutory 8%.

 

I will not be excepting the offer, as I want all of the interest and also the sheriff officers fees I had to pay.

 

The CB asks me to let them know by 6/02/07 (the day after the hearing!) if I will be accepting their offer. It also states that the offer is without prejudice and "cannot be referred to without their written consent".

 

My question is, due to the time scales, should I reply and let them know i will be declining AND can I let the sheriff know about their offer on Monday even though they claim it is without prejudice?

 

any advice would be gratefully accepted

 

Paul

[caro]

I think you should let them know that you are declining. If you fax it, they might have time to settle the full amount as I found they can be quite quick writing cheques when they want to avoid court. You can't let the sheriff know about the offer, but I suggest you take it along to the court with you, along with your response in case they mention it.

[pandhandj]

Caro, thanks for the advice...but,

 

ther isn't a phone/fax on the letter only an address. There isnt even a name to reply to! So a written response may not even get to them before my court appearance.

 

However, there is a name on the discontinuation (i dont know if that's the right word, but you get the idea) document, as it has been signed by the CB's solicitor, but no phone/fax number.

 

Further, there isnt a cheque! And after reading around the CAG, I wont be stopping any action until my money is in my bank.

 

cheers

 

Paul

[moss]

I have this if it is the dept you are looking for

 

Legal Services

40 ST. Vincent Place

Glasgow

 

Fax 1041 242 4723

[pandhandj]

Moss,

 

that's the address given on their letter, but I didnt have thier number, so thanks for that.

 

To be honest, I have left the letter at home and wont have time to answer it before end of play today. Then I am first up in court on Monay, so I dont think I will be able to answer them by fax or by letter before then.

 

All things considered, I think I will attend court, with my 182 page court bundle (plus 2 extra copies) and see how things go.

 

I'll let everyone know what happens!

 

Paul